Cultic Studies Journal, Vol. 15, No. 1, 1998, page 12
Some municipalities have enacted domestic partnership ordinances.90 These ordinances
primarily confer certain governmental benefits on domestic partners. Similarly, cults that
receive govern-mental benefits, such as health care, hospital visitation, and housing, could
be defined as domestic partnerships.
In cities that have domestic partnership ordinances, cohabitation is usually one requirement
for the formation of a domestic partnership.91 Arguably, cult members cohabitate, albeit not
necessarily in monogamous pairs. Thus, the definition of what constitutes a “spouse or
intimate partner” under the VAWA may be given expansion by the growing body of rights
given to nontraditional families.92
C. Civil Remedies
VAWA provides civil remedies if a person “commits a crime of violence motivated by gender
and thus deprives another”93 of the “right to be free from crimes of violence motivated by
gender,”94 then the victim can bring a civil lawsuit regardless of a criminal complaint,
prosecution, or conviction.95 Under the VAWA, a successful plaintiff can obtain
compensatory and punitive damages, as well as injunctive and declaratory relief.96
Attorneys fees are recoverable for VAWA litigation.97
Consider this hypothetical situation: several cult members engage in sexual intercourse with
a female member against her consent. The cult-rape victim may have grounds for a civil
case, even if convictions were not obtained criminally, against the male members.
In an actual case similar to this hypothetical, Brzonkala v. Va. Poytechnic &State Univ.,98 a
college student filed a civil lawsuit under the VAWA against male students who had raped
her in her dormitory room. The federal trial court in Virginia held that Brzonkala
successfully stated a claim for a violation of her civil rights under VAWA. The court
reasoned that not all rapes are the same, and that this one indicated gender animus,
particularly where one defendant made a couple of statements indicating gender animus
minutes after the rape, he exclaimed, “I like to get girls drunk and [f---] the [s---] out of
them.”99 Furthermore, the assault involved a gang rape by two males, which the court
considered to be more egregious than a “one-on-one rape.” Thus, in the above hypothetical
cult-rape scenario, the victim could recover damages if she could establish that the rape
was committed with gender animus, as required by the statutory language of VAWA, such
as by words or acts that indicated a hatred or disrespect toward women and not just toward
this particular victim.100
Unfortunately for the hypothetical cult victim, the Brzonkala court found it significant that
the rapists were closer to strangers than acquaintances in finding gender animus.101 This is
another example of how the degree to which cult members know each other may cause
difficulties in prosecuting rape crimes. However, VAWA civil or criminal remedies are not
limited to cases of rape, a consent-based crime. Under the statutory language, a male cult
member could be civilly liable for any “felony against [a female] person” or a felony against
her property if the conduct presented “a serious risk of physical injury to another.”102 Thus,
civil remedies for non-consent-based crimes also may be available to female cult members
so long as the crime is based on gender animus.
D. Future Litigation Under VAWA
While the trial court did find that Brzonkala successfully demonstrated a claim under the
VAWA, it nonetheless found that VAWA was unconstitutional because Congress exceeded its
power under the Commerce Clause.103 On appeal, the Fourth Circuit reversed the lower
court and held, among other things, that the VAWA is constitutional and remanded
Brzonkala‟s case for further proceedings.104
Some municipalities have enacted domestic partnership ordinances.90 These ordinances
primarily confer certain governmental benefits on domestic partners. Similarly, cults that
receive govern-mental benefits, such as health care, hospital visitation, and housing, could
be defined as domestic partnerships.
In cities that have domestic partnership ordinances, cohabitation is usually one requirement
for the formation of a domestic partnership.91 Arguably, cult members cohabitate, albeit not
necessarily in monogamous pairs. Thus, the definition of what constitutes a “spouse or
intimate partner” under the VAWA may be given expansion by the growing body of rights
given to nontraditional families.92
C. Civil Remedies
VAWA provides civil remedies if a person “commits a crime of violence motivated by gender
and thus deprives another”93 of the “right to be free from crimes of violence motivated by
gender,”94 then the victim can bring a civil lawsuit regardless of a criminal complaint,
prosecution, or conviction.95 Under the VAWA, a successful plaintiff can obtain
compensatory and punitive damages, as well as injunctive and declaratory relief.96
Attorneys fees are recoverable for VAWA litigation.97
Consider this hypothetical situation: several cult members engage in sexual intercourse with
a female member against her consent. The cult-rape victim may have grounds for a civil
case, even if convictions were not obtained criminally, against the male members.
In an actual case similar to this hypothetical, Brzonkala v. Va. Poytechnic &State Univ.,98 a
college student filed a civil lawsuit under the VAWA against male students who had raped
her in her dormitory room. The federal trial court in Virginia held that Brzonkala
successfully stated a claim for a violation of her civil rights under VAWA. The court
reasoned that not all rapes are the same, and that this one indicated gender animus,
particularly where one defendant made a couple of statements indicating gender animus
minutes after the rape, he exclaimed, “I like to get girls drunk and [f---] the [s---] out of
them.”99 Furthermore, the assault involved a gang rape by two males, which the court
considered to be more egregious than a “one-on-one rape.” Thus, in the above hypothetical
cult-rape scenario, the victim could recover damages if she could establish that the rape
was committed with gender animus, as required by the statutory language of VAWA, such
as by words or acts that indicated a hatred or disrespect toward women and not just toward
this particular victim.100
Unfortunately for the hypothetical cult victim, the Brzonkala court found it significant that
the rapists were closer to strangers than acquaintances in finding gender animus.101 This is
another example of how the degree to which cult members know each other may cause
difficulties in prosecuting rape crimes. However, VAWA civil or criminal remedies are not
limited to cases of rape, a consent-based crime. Under the statutory language, a male cult
member could be civilly liable for any “felony against [a female] person” or a felony against
her property if the conduct presented “a serious risk of physical injury to another.”102 Thus,
civil remedies for non-consent-based crimes also may be available to female cult members
so long as the crime is based on gender animus.
D. Future Litigation Under VAWA
While the trial court did find that Brzonkala successfully demonstrated a claim under the
VAWA, it nonetheless found that VAWA was unconstitutional because Congress exceeded its
power under the Commerce Clause.103 On appeal, the Fourth Circuit reversed the lower
court and held, among other things, that the VAWA is constitutional and remanded
Brzonkala‟s case for further proceedings.104
